Legal Opinion

Fitzgerald v. Franklin Life Insurance

District Court, D. Maryland

Decided February 1, 1979No. Civ. A. N-76-675PublishedCited by 23 opinions

1Opinion of the Court

NORTHROP, Chief Judge.

In this case, the plaintiff, Judith M. Fitzgerald, brought suit for payment of a $50,-000 insurance policy on the life of her deceased husband, John M. Fitzgerald. The defendant, Franklin Life Insurance Company, defended against the claim on the ground that a material misrepresentation as to the deceased’s health on a reinstatement application voided the policy. At the end of all the evidence, the defendant moved for a directed verdict. The Court denied this motion and permitted the case to go to the jury. The jury returned a verdict of $34,-000 for the plaintiff.…

2Cases cited28 opinions

  1. Mutual Life Insurance Co. of New York v. Hilton-GreenSupreme Court of the United States · 1916
  2. Cohen v. American Home Assurance Co.Court of Appeals of Maryland · 1969
  3. Pauline Apolskis v. Concord Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1971
  4. Mutual Life Insurance v. MullanCourt of Appeals of Maryland · 1908
  5. Metropolitan Life Insurance v. SamisCourt of Appeals of Maryland · 1937

23 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. North American Specialty Insurance v. SavageDistrict Court, D. Maryland · 1997
  2. Home Insurance Co. of Illinois v. Spectrum Information Technologies, Inc.District Court, E.D. New York · 1996
  3. Dominant Investments 113, LLC v. United States Liability Insurance Co.District Court, D. Maryland · 2017
  4. Clemons v. American Casualty Co.District Court, D. Maryland · 1993
  5. Jackson v. Hartford Life and Annuity Ins. Co.District Court, D. Maryland · 2002

18 more not listed; retrieve them via the Exa API.

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